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Colorado Senate Bill SB119

Colorado 2025 Regular Session

Colorado Senate Bill SB119 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0324.02 Alana Rosen x2606
88 SENATE BILL 25-119
99 Senate Committees House Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO MODIFY THE DEPARTMENT OF EARLY101
1414 CHILDHOOD.102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 Current law authorizes the executive director of the department of
2323 early childhood (department) to adopt all rules for the administration of
2424 the department, for the execution and administration of department
2525 functions, and for the programs and services managed by the department.
2626 The bill repeals the executive director's rule-making authority and creates
2727 the state board of early childhood services (state board). The bill
2828 SENATE SPONSORSHIP
2929 Kirkmeyer,
3030 HOUSE SPONSORSHIP
3131 Garcia Sander and Hamrick,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. authorizes the state board to adopt all rules for the administration of the
3535 department, for the execution and administration of department functions,
3636 and for the programs and services managed by the department.
3737 Current law allows a local coordinating organization (LCO) to
3838 participate in the Colorado universal preschool program (program) by
3939 allocating funding to school- and community-based preschool providers
4040 (preschool providers), ensuring a mixed delivery system of preschool
4141 providers, and coordinating with preschool providers and the early
4242 childhood and family support programs and services. On June 1, 2026,
4343 LCOs will no longer participate in the program, but LCOs will continue
4444 to support families who apply for early childhood and family support
4545 programs and services, coordinate with county departments and tribal
4646 agencies, and work with early child care providers to increase recruitment
4747 and retention of individuals in the early child care workforce.
4848 The bill requires the department to modify the unified application
4949 to grant administrative access to a preschool provider who participates in
5050 the program to help families enroll their children in the program and to
5151 assist families with their administrative needs, including with the
5252 completion of their first program application and maintaining the
5353 continued enrollment of their children who have been receiving preschool
5454 services from the preschool provider. Administrative units will also have
5555 access to the unified application to help families enroll children with
5656 disabilities in the program and to assist families with their administrative
5757 needs.
5858 Current law requires the executive director to adopt rules for the
5959 maximum allowable educator-to-child ratios and group sizes (ratios and
6060 group sizes) in alignment with national best practices. The bill requires
6161 the state board to adopt rules for ratios and group sizes in alignment with
6262 state licensing standards. When the department adjusts ratios and group
6363 sizes, and prior to adopting rules for the preschool program, the
6464 department is required to coordinate with preschool providers to
6565 determine the ratios and group sizes.
6666 The bill requires the department to distribute funding to preschool
6767 providers in advance of services provided throughout the school year
6868 based on enrollment data.
6969 Be it enacted by the General Assembly of the State of Colorado:1
7070 SECTION 1. In Colorado Revised Statutes, 26.5-1-103, amend2
7171 (2); and add (6) as follows:3
7272 26.5-1-103. Definitions. As used in this title 26.5, unless the4
7373 context otherwise requires:5
7474 SB25-119-2- (2) "Department rule" means a rule promulgated by the executive1
7575 director ADOPTED BY THE STATE BOARD as authorized in section2
7676 26.5-1-105.3
7777 (6) "S
7878 TATE BOARD OF EARLY CHILDHOOD SERVICES " OR "STATE4
7979 BOARD" MEANS THE STATE BOARD OF EARLY CHILDHOOD SERVICES5
8080 CREATED IN SECTION 26.5-1-105.6
8181 SECTION 2. In Colorado Revised Statutes, 26.5-1-105, amend7
8282 (2)(h)(I), (2)(i), and (2)(j); and repeal and reenact, with amendments,8
8383 (1) as follows:9
8484 26.5-1-105. Powers and duties of the state board of early10
8585 childhood services - rules - rules advisory council - repeal.11
8686 (1) (a) (I) T
8787 HE STATE BOARD OF EARLY CHILDHOOD IS CREATED IN THE12
8888 DEPARTMENT. THE STATE BOARD IS A TYPE 1 ENTITY, AS DEFINED IN13
8989 SECTION 24-1-105. THE STATE BOARD CONSISTS OF THE EXECUTIVE14
9090 DIRECTOR OF THE DEPARTMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE,15
9191 AND EIGHT MEMBERS WHO ARE APPOINTED BY THE GOVERNOR AS16
9292 FOLLOWS:17
9393 (A) O
9494 NE MEMBER REPRESENTING THE DEPARTMENT ;18
9595 (B) T
9696 WO MEMBERS REPRESENTING COMMUNITY -BASED PRESCHOOL19
9797 PROVIDERS;20
9898 (C) T
9999 WO MEMBERS REPRESENTING SCHOOL -BASED PRESCHOOL21
100100 PROVIDERS;22
101101 (D) T
102102 WO MEMBERS REPRESENTING COUNTIES ; AND23
103103 (E) O
104104 NE MEMBER WITH A PROFESSIONAL BACKGROUND IN SPECIAL24
105105 EDUCATION.25
106106 (II) I
107107 N MAKING APPOINTMENTS, THE GOVERNOR SHALL TAKE INTO26
108108 CONSIDERATION THE RECOMMENDATIONS OF THE FOLLOWING27
109109 SB25-119
110110 -3- ORGANIZATIONS:1
111111 (A) A
112112 N ASSOCIATION FOCUSED ON EARLY CHILDHOOD EDUCATION ;2
113113 (B) A
114114 STATEWIDE ORGANIZATION THAT REPRESENTS SCHOOL3
115115 EXECUTIVES;4
116116 (C) A
117117 STATEWIDE ORGANIZATION THAT REPRESENTS COUNTIES ;5
118118 AND6
119119 (D) A
120120 CONSORTIUM OF SPECIAL EDUCATION DIRECTORS .7
121121 (III) N
122122 O LATER THAN AUGUST 15, 2025, THE GOVERNOR SHALL8
123123 APPOINT THE MEMBERS TO THE STATE BOARD . THE MEMBERS WHO ARE9
124124 FIRST APPOINTED ARE DESIGNATED TO SERVE FOR STAGGERED TERMS SO10
125125 THAT THE TERM OF AT LEAST ONE MEMBER WILL EXPIRE EACH YEAR .11
126126 T
127127 HEREAFTER, THE TERM OF EACH MEMBER IS FOUR YEARS .12
128128 (IV) T
129129 HE GOVERNOR MAY TAKE INTO CONSIDERATION THE13
130130 GEOGRAPHIC DIVERSITY OF THE STATE IN APPOINTING MEMBERS OF THE14
131131 STATE BOARD.15
132132 (V) I
133133 F A VACANCY ARISES FOR ANY REASON, THE GOVERNOR SHALL16
134134 APPOINT A PERSON WHO MEETS THE REQUIREMENTS OF THE VACANT17
135135 POSITION TO FILL THE VACANCY AS SOON AS POSSIBLE AFTER THE18
136136 VACANCY OCCURS.19
137137 (VI) T
138138 HE MEMBERS OF THE STATE BOARD SERVE WITHOUT20
139139 COMPENSATION BUT MAY RECEIVE REIMBURSEMENT , WITHIN EXISTING21
140140 RESOURCES, FOR NECESSARY TRAVEL EXPENSES ACTUALLY INCURRED IN22
141141 SERVING ON THE STATE BOARD.23
142142 (VII) N
143143 O MORE THAN FIVE MEMBERS OF THE STATE BOARD MAY BE24
144144 REGISTERED WITH THE SAME POLITICAL PARTY .25
145145 (b) N
146146 O LATER THAN SEPTEMBER 15, 2025, THE EXECUTIVE26
147147 DIRECTOR SHALL CALL THE FIRST MEETING OF THE STATE BOARD , AT27
148148 SB25-119
149149 -4- WHICH THE MEMBERS OF THE STATE BOARD SHALL ELECT A MEMBER TO1
150150 SERVE AS A CHAIR AND A MEMBER TO SERVE AS THE VICE -CHAIR OF THE2
151151 STATE BOARD. THE MEMBERS OF THE STATE BOARD SHALL ELECT A CHAIR3
152152 AND VICE-CHAIR ANNUALLY THEREAFTER . THE CHAIR OF THE STATE4
153153 BOARD SHALL CALL MEETINGS OF THE STATE BOARD AS NECESSARY TO5
154154 COMPLETE THE DUTIES OF THE STATE BOARD .6
155155 (c) T
156156 HE STATE BOARD SHALL:7
157157 (I) A
158158 DOPT, IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE8
159159 P
160160 ROCEDURE ACT", ARTICLE 4 OF TITLE 24, ALL RULES FOR THE9
161161 ADMINISTRATION OF THE DEPARTMENT AND FOR THE EXECUTION AND10
162162 ADMINISTRATION OF THE FUNCTIONS SPECIFIED IN SECTION 26.5-1-10911
163163 AND FOR THE PROGRAMS AND SERVICES SPECIFIED IN THIS TITLE 26.5. IN12
164164 ADOPTING RULES, THE STATE BOARD SHALL, TO THE GREATEST EXTENT13
165165 POSSIBLE:14
166166 (A) R
167167 EDUCE THE ADMINISTRATIVE BURDEN OF ACCESSING15
168168 PROGRAMS AND SERVICES , IMPLEMENTING PROGRAMS , AND PROVIDING16
169169 SERVICES TO FAMILIES AND PROVIDERS;17
170170 (B) D
171171 ECREASE DUPLICATION AND CONFLICTS IN IMPLEMENTING18
172172 PROGRAMS AND PROVIDING SERVICES ;19
173173 (C) I
174174 NCREASE EQUITY IN ACCESS TO PROGRAMS AND SERVICES AND20
175175 IN CHILD AND FAMILY OUTCOMES ;21
176176 (D) I
177177 NCREASE ADMINISTRATIVE EFFICIENCY AMONG THE22
178178 PROGRAMS AND SERVICES PROVIDED BY THE DEPARTMENT ; AND23
179179 (E) E
180180 NSURE THAT THE RULES ARE COORDINATED ACROSS24
181181 PROGRAMS AND SERVICES SO THAT PROGRAMS ARE IMPLEMENTED AND25
182182 SERVICES ARE PROVIDED WITH IMPROVED EASE OF ACCESS , QUALITY OF26
183183 FAMILY AND PROVIDER EXPERIENCE , AND EASE OF IMPLEMENTATION BY27
184184 SB25-119
185185 -5- STATE, LOCAL, AND TRIBAL AGENCIES;1
186186 (II) H
187187 OLD HEARINGS RELATING TO THE FORMULATION AND2
188188 REVISION OF THE POLICIES OF THE DEPARTMENT ; AND3
189189 (III) A
190190 DVISE THE EXECUTIVE DIRECTOR AS TO ANY MATTERS THAT4
191191 THE EXECUTIVE DIRECTOR MAY BRING BEFORE THE STATE BOARD .5
192192 (d) T
193193 HE DEPARTMENT MAY ADOPT GUIDELINES AND PROCEDURES6
194194 TO ASSIST IN THE IMPLEMENTATION AND DELIVERY OF THE PROGRAMS AND7
195195 SERVICES THAT THE DEPARTMENT PROVIDES PURSUANT TO THIS TITLE8
196196 26.5.
197197 WHEN APPROPRIATE TO REDUCE POTENTIAL ADMINISTRATIVE9
198198 BURDEN, THE DEPARTMENT MAY DIFFERENTIATE IN THE ADOPTED10
199199 GUIDELINES AND PROCEDURES AMONG COMMUNITIES , INCLUDING11
200200 COMMUNITIES IN RURAL AREAS , BASED ON COMMUNITY CAPACITY AND12
201201 READINESS FOR IMPLEMENTING PROGRAMS AND DELIVERING SERVICES .13
202202 (2) (h) (I) The council shall meet as often as requested by the14
203203 executive director
204204 STATE BOARD. Except as otherwise provided in15
205205 subsection (2)(h)(II) of this section, a member of the council and a16
206206 non-council member who serves on a subcommittee may receive the same17
207207 per diem compensation for attendance at council or subcommittee18
208208 meetings as is provided for members of boards and commissions pursuant19
209209 to section 12-20-103 (6) and reimbursement for any expenses necessary20
210210 to support the member's participation at a council or subcommittee21
211211 meeting, including any required dependent or attendant care and, if the22
212212 member resides more than fifty miles from the location of the council or23
213213 subcommittee meeting, expenses incurred in traveling to and from the24
214214 meeting, including any required dependent or attendant travel, food, and25
215215 lodging.26
216216 (i) In reviewing and making recommendations concerning rules27
217217 SB25-119
218218 -6- and in preparing other recommendations for the executive director STATE1
219219 BOARD, the council shall strive to develop recommendations that are2
220220 detailed and measurable and consider the impacts on children, parents,3
221221 families, providers, school districts, counties, and local coordinating4
222222 organizations. The council must approve recommendations by a majority5
223223 vote and provide those recommendations to the executive director STATE6
224224 BOARD in writing. Members of the council voting in the minority may7
225225 submit a written explanation of their opposition to the recommendations8
226226 to the executive director STATE BOARD.9
227227 (j) Before promulgating ADOPTING a rule, the executive director10
228228 STATE BOARD shall solicit feedback from and consider the11
229229 recommendations of the council. If the executive director STATE BOARD12
230230 decides not to follow the recommendations of the council with regard to13
231231 a rule, the executive director STATE BOARD shall provide a written14
232232 explanation of the rationale for the decision.15
233233 SECTION 3. In Colorado Revised Statutes, 26.5-1-110, amend16
234234 (2)(g) and (2)(h); and add (2)(i) and (2)(j) as follows:17
235235 26.5-1-110. Unified application - child care, services, and18
236236 education. (2) At a minimum, the unified application must:19
237237 (g) Allow for customization as may be necessary for certain20
238238 programs or services; and21
239239 (h) Coordinate with other agencies and programs, as appropriate,22
240240 to ensure appropriate referral
241241 AND ENROLLMENT of children and families23
242242 to early childhood programs administered by other departments;24
243243 (i) G
244244 RANT A PRESCHOOL PROVIDER , AS DEFINED IN SECTION25
245245 26.5-4-203,
246246 ADMINISTRATIVE ACCESS TO THE UNIFIED APPLICATION TO :26
247247 (I) H
248248 ELP FAMILIES ENROLL THEIR CHILDREN IN THE UNIVERSAL27
249249 SB25-119
250250 -7- PRESCHOOL PROGRAM;1
251251 (II) A
252252 SSIST FAMILIES WITH ANY ADMINISTRATIVE NEEDS2
253253 REGARDING THE UNIVERSAL PRESCHOOL PROGRAM , INCLUDING ASSISTING3
254254 FAMILIES WITH THE COMPLETION OF THEIR FIRST UNIVERSAL PRESCHOOL4
255255 PROGRAM APPLICATION AND MAINTAINING THE CONTINUED ENROLLMENT5
256256 OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL SERVICES6
257257 FROM THE PRESCHOOL PROVIDER ; AND7
258258 (III) A
259259 CCESS THE UNIFIED APPLICATION WITHOUT REQUIRING THE8
260260 ASSISTANCE OF THE DEPARTMENT OR A LOCAL COORDINATING9
261261 ORGANIZATION; AND10
262262 (j) G
263263 RANT AN ADMINISTRATIVE UNIT , AS DEFINED IN SECTION11
264264 22-20-103,
265265 ADMINISTRATIVE ACCESS TO THE UNIFIED APPLICATION TO :12
266266 (I) H
267267 ELP FAMILIES ENROLL THEIR CHILDREN WITH DISABILITIES IN13
268268 THE UNIVERSAL PRESCHOOL PROGRAM ;14
269269 (II) A
270270 SSIST FAMILIES WITH ANY ADMINISTRATIVE NEEDS15
271271 REGARDING THE UNIVERSAL PRESCHOOL PROGRAM , INCLUDING ASSISTING16
272272 FAMILIES WITH THE COMPLETION OF THEIR FIRST UNIVERSAL PRESCHOOL17
273273 PROGRAM APPLICATION AND MAINTAINING THE CONTINUED ENROLLMENT18
274274 OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL SERVICES19
275275 FROM THE PRESCHOOL PROVIDER ; AND20
276276 (III) A
277277 CCESS THE UNIFIED APPLICATION WITHOUT REQUIRING THE21
278278 ASSISTANCE OF THE DEPARTMENT OR A LOCAL COORDINATING22
279279 ORGANIZATION.23
280280 SECTION 4. In Colorado Revised Statutes, 26.5-2-102, amend24
281281 (4); and repeal (1), (6), (7), and (8) as follows:25
282282 26.5-2-102. Definitions. As used in this part 1, unless the context26
283283 otherwise requires:27
284284 SB25-119
285285 -8- (1) "Colorado universal preschool program" or "state preschool1
286286 program" means the Colorado universal preschool program created in part2
287287 2 of article 4 of this title 26.5.3
288288 (4) "Local and tribal agencies" means county departments of4
289289 human or social services and agencies of an Indian tribe that have5
290290 responsibility for funding for early childhood and family support6
291291 programs and services school districts, charter schools that participate in7
292292 the state preschool program, and head start agencies.8
293293 (6) "Mixed delivery system" has the same meaning as provided in9
294294 section 26.5-4-203.10
295295 (7) "Preschool provider" has the same meaning as provided in11
296296 section 26.5-4-203.12
297297 (8) "Preschool services" means preschool services provided13
298298 through the state preschool program in the school year preceding14
299299 kindergarten eligibility to children who are four or five years of age and15
300300 preschool services provided through the state preschool program to a16
301301 limited number of children who are three years of age or younger.17
302302 SECTION 5. In Colorado Revised Statutes, 26.5-2-103, amend18
303303 (2)(c)(V), (2)(d), and (5); and repeal (2)(c)(I), (2)(e), and (4)(b) as19
304304 follows:20
305305 26.5-2-103. Local coordinating organization - applications -21
306306 selection - rules. (2) An entity that seeks to serve as a local coordinating22
307307 organization must apply to the department in accordance with department23
308308 rules, if any, procedures, and timelines. At a minimum, the application24
309309 must include:25
310310 (c) The applicant's plan to coordinate with, at a minimum, the26
311311 following entities within the proposed community:27
312312 SB25-119
313313 -9- (I) Administrative units, as defined in section 22-20-103, which1
314314 remain responsible for overseeing implementation of the part B2
315315 component of the federal "Individuals with Disabilities Education Act",3
316316 20 U.S.C. sec. 1400 et seq., as amended;4
317317 (V) County departments of human or social services in providing5
318318 child care services through the Colorado child care assistance program6
319319 established in part 1 of article 4 of this title 26.5 and other family support7
320320 programs and services;
321321 AND8
322322 (d) The applicant's proposed operating model for meeting the9
323323 duties and responsibilities of a local coordinating organization, including,10
324324 at a minimum, the applicant's personnel capacity and a proposed budget11
325325 that reflects the anticipated operating and overhead costs and sources of12
326326 funding. and
327327 13
328328 (e) If the applicant is a preschool provider, the applicant's plan for14
329329 ensuring that serving as the local coordinating organization does not15
330330 result in an unfair advantage to the applicant with regard to allocations of16
331331 preschool funding generally or in coordinating with the other preschool17
332332 providers in the community to ensure the availability of a mixed delivery18
333333 system and the allocation of funding among preschool providers based on19
334334 parent choice.20
335335 (4) The department, in accordance with department rules, if any,21
336336 and procedures, shall review each application received pursuant to this22
337337 section and select local coordinating organizations for communities23
338338 throughout the state, ensuring that, to the extent possible, every family in24
339339 the state resides within a community for which a local coordinating25
340340 organization is selected. In selecting local coordinating organizations26
341341 from among the applications received, the department shall, at a27
342342 SB25-119
343343 -10- minimum, evaluate:1
344344 (b) The applicant's capacity to equitably recruit preschool2
345345 providers to participate in the Colorado universal preschool program and3
346346 provide preschool services through a mixed delivery system that, to the4
347347 fullest extent practicable, accommodates parent choice;5
348348 (5) The executive director may promulgate STATE BOARD MAY6
349349 ADOPT rules and the department shall adopt procedures and timelines as7
350350 necessary to implement this part 1, including adopting a process for8
351351 receiving and reviewing applications that results in the initial selection of9
352352 local coordinating organizations as soon as practicable after April 25,10
353353 2022. The department shall enter into a coordinator agreement with each11
354354 local coordinating organization in accordance with section 26.5-2-105.12
355355 Before the termination or conclusion of a coordinator agreement, the13
356356 department shall solicit applications for a local coordinating organization14
357357 for the affected community pursuant to this section and may re-select the15
358358 same entity to serve as a local coordinating organization.16
359359 SECTION 6. In Colorado Revised Statutes, 26.5-2-104, amend17
360360 (1)(a)(III), (1)(a)(V), (1)(b), (2)(d), (2)(e), (2)(g), and (3); and repeal18
361361 (1)(a)(IV), (1)(a)(VI), (1)(a)(VIII), (2)(b), and (2)(c) as follows:19
362362 26.5-2-104. Local coordinating organization - community plan20
363363 - duties. (1) (a) Each local coordinating organization shall adopt a21
364364 community plan that fosters equitable access for families to, and robust22
365365 participation by providers in, early childhood and family support23
366366 programs and services by increasing access to, coordinating, and24
367367 allocating funding for said programs and services within the community.25
368368 The community plan must, at a minimum, address:26
369369 (III) The manner in which the local coordinating organization will27
370370 SB25-119
371371 -11- recruit and work with providers to ensure that families' needs for school-1
372372 and community-based preschool providers, child care and other early2
373373 childhood services within the community are met to the fullest extent3
374374 possible;4
375375 (IV) The method by which the local coordinating organization5
376376 will ensure that a mixed delivery system of school- and community-based6
377377 preschool providers, based on parental choice, is available within the7
378378 community, including identifying the existing school- and8
379379 community-based preschool providers in the community and establishing9
380380 goals and benchmarks for increasing the availability of preschool10
381381 providers as necessary to be responsive to family preferences;11
382382 (V) A plan for working with early care and education providers12
383383 to increase recruitment and retention of individuals in the early care and13
384384 education workforce and to increase compensation for those individuals,14
385385 with the goal of providing a living wage;15
386386 (VI) A plan for coordinating the school- and community-based16
387387 preschool providers that are available within the community with the17
388388 other available early childhood and family support programs and services18
389389 for children who enroll in the preschool providers and their families;19
390390 (VIII) A plan for the allocation of funding among school- and20
391391 community-based preschool providers and other early care and education21
392392 providers in the community, with the goal of maximizing the use of22
393393 funding to meet community needs, including the need for full-day23
394394 services;24
395395 (b) Notwithstanding subsection (1)(a) of this section, the initial25
396396 community plan that a local coordinating organization creates may be26
397397 limited to addressing participation in the Colorado universal preschool27
398398 SB25-119
399399 -12- program and the needs for, access to, and allocation of funding for1
400400 school- and community-based preschool providers. With subsequent2
401401 revisions of the plan, IN THE COMMUNITY PLANS, the local coordinating3
402402 organization shall address the provision and coordination of additional4
403403 early childhood and family support programs and services in the5
404404 community as provided in subsection (1)(a) of this section in6
405405 collaboration with local and tribal agencies.7
406406 (2) Each local coordinating organization shall implement the8
407407 community plan and shall:9
408408 (b) Subject to the availability and enrollment capacity of preschool10
409409 providers in the community, provide universal access, in alignment with11
410410 family choice, to high-quality school- and community-based preschool12
411411 providers within the community for children in the year before eligibility13
412412 for kindergarten;14
413413 (c) Manage a mixed delivery system of preschool providers;15
414414 (d) Allocate, in coordination with local and tribal agencies, when16
415415 applicable, local early childhood funding and state preschool program17
416416 funding to public and private providers within the community, based on18
417417 the community plan, and ensure, to the greatest extent possible, that19
418418 children who, pursuant to department rules adopted in accordance with20
419419 section 26.5-4-204 (4)(a), are in low-income families and meet qualifying21
420420 factors are prioritized, as directed by the department, to receive early22
421421 childhood and family support programs and services;23
422422 (e) Support and ensure the availability of high-quality early24
423423 childhood care and education for all children, including supporting access25
424424 to training and support for members of the early childhood workforce;26
425425 (g) Increase over time the capacity of high-quality early child care27
426426 SB25-119
427427 -13- and education programs within the community to better meet family and1
428428 community needs;2
429429 (3) Each local coordinating organization shall work with entities3
430430 within the community, including, at a minimum, the entities specified in4
431431 section 26.5-2-103 (2)(c), to implement the community plan, which may5
432432 include subcontracting or partnering with or otherwise delegating6
433433 responsibility to one or more public or private entities. The local7
434434 coordinating organization remains responsible to the department for8
435435 implementing the community plan, meeting the goals specified in the9
436436 community plan and the coordinator agreement, and meeting any10
437437 additional requirements imposed by this part 1, by part 2 of article 4 of11
438438 this title 26.5 concerning the Colorado universal preschool program, by12
439439 department rule, or by the coordinator agreement.13
440440 SECTION 7. In Colorado Revised Statutes, 26.5-2-105, amend14
441441 (1)(b) introductory portion, (3)(a) introductory portion, (4)(a)(I),15
442442 (4)(a)(II), and (5); and repeal (1)(b)(II) as follows:16
443443 26.5-2-105. Department duties - coordinator agreements -17
444444 review. (1) To support and provide oversight for the statewide system of18
445445 local coordinating organizations, the department shall:19
446446 (b) Enter into a coordinator agreement with each local20
447447 coordinating organization that is partially based on the community plan21
448448 and that specifies the respective duties of the local coordinating22
449449 organization and the department in implementing the community plan and23
450450 in meeting the requirements specified in this part 1 in part 2 of article 424
451451 of this title 26.5 concerning the Colorado universal preschool program,25
452452 and in department rule. The coordinator agreements are not subject to the26
453453 requirements of the "Procurement Code", articles 101 to 112 of title 24.27
454454 SB25-119
455455 -14- The term of the initial coordinator agreement for a local coordinating1
456456 organization is three years, and subsequent coordinator agreements must2
457457 have terms of at least three but not more than five years, as determined by3
458458 the department. The coordinator agreement, at a minimum, must include:4
459459 (II) If the local coordinating organization is a preschool provider,5
460460 expectations that the local coordinating organization must meet in6
461461 ensuring the availability of a mixed delivery system within the community7
462462 that supports equitable parent choice and in ensuring that the organization8
463463 is not unfairly advantaged in allocating funding among preschool9
464464 providers based on parent choice;10
465465 (3) (a) The department shall implement a review process11
466466 established in department rule by which the department at least annually12
467467 reviews the performance of each local coordinating organization in13
468468 serving its community, including implementing the approved community14
469469 plan; fulfilling the duties specified in section 26.5-2-104; including15
470470 providing a mixed delivery system of preschool providers; and complying16
471471 with the coordinator agreement. In implementing the review process, the17
472472 department shall, at a minimum:18
473473 (4) (a) For any area within the state for which a local coordinating19
474474 organization is not selected or for which the local coordinating20
475475 organization is not fully capable of implementing all aspects of the21
476476 community plan, the department shall work with the local coordinating22
477477 organization, if any, and the families, providers, local governments, and23
478478 local and tribal agencies in the area, as necessary, to oversee and24
479479 coordinate the availability and provision of early childhood and family25
480480 support programs and services within the area until such time as a local26
481481 coordinating organization is selected or is deemed capable of27
482482 SB25-119
483483 -15- implementing all aspects of the community plan. At a minimum, the1
484484 department shall:2
485485 (I) Assist families in applying for early childhood and family3
486486 support programs and services and in enrolling children with early care4
487487 and education providers;5
488488 (II) Ensure, to the extent practicable, that an equitable mixed6
489489 delivery system of preschool providers is available within the area, which7
490490 may include contracting with providers for the delivery of preschool8
491491 services;9
492492 (5) The executive director STATE BOARD shall establish by rule a10
493493 process by which an applying entity that is not selected to act as a local11
494494 coordinating organization, or a local coordinating organization for which12
495495 the coordinating agreement is terminated, may appeal the decision of the13
496496 department.14
497497 SECTION 8. In Colorado Revised Statutes, 26.5-4-203, repeal15
498498 (11) as follows:16
499499 26.5-4-203. Definitions. As used in this part 2, unless the context17
500500 otherwise requires:18
501501 (11) "Local coordinating organization" means the entity selected19
502502 by the department pursuant to section 26.5-2-103 to implement a20
503503 community plan for early childhood and family support programs and21
504504 services within a specified community.22
505505 SECTION 9. In Colorado Revised Statutes, 26.5-4-204, amend23
506506 (2), (4)(a) introductory portion, (4)(a)(I), (4)(a)(II), and (4)(b)24
507507 introductory portion as follows:25
508508 26.5-4-204. Colorado universal preschool program - created26
509509 - eligibility - workforce development plan - program funding - rules.27
510510 SB25-119
511511 -16- (2) (a) For the 2023-24 school year and each school year thereafter,1
512512 subject to the availability and enrollment capacity of preschool providers,2
513513 parents throughout the state may enroll their children, free of charge, in3
514514 ten hours per week of publicly funded preschool services for the school4
515515 year preceding the school year in which the children are eligible to enroll5
516516 in kindergarten. The department working with local coordinating6
517517 organizations, shall identify and recruit preschool providers throughout7
518518 the state to participate in the Colorado universal preschool program. In8
519519 identifying and recruiting preschool providers, the department and local9
520520 coordinating organizations shall, to the extent practicable, establish a10
521521 mixed delivery system in communities throughout the state that enables11
522522 parents to select preschool providers for their children from as broad a12
523523 range as possible within their respective communities.13
524524 (b) T
525525 HE DEPARTMENT SHALL GRANT ADMINISTRATIVE ACCESS TO14
526526 THE UNIFIED APPLICATION, CREATED IN SECTION 26.5-1-110, TO A15
527527 PRESCHOOL PROVIDER AND AN ADMINISTRATIVE UNIT , AS DEFINED IN16
528528 SECTION 22-20-103, TO HELP FAMILIES ENROLL THEIR CHILDREN IN THE17
529529 PRESCHOOL PROGRAM AND TO ASSIST FAMILIES WITH THEIR18
530530 ADMINISTRATIVE NEEDS REGARDING THE PRESCHOOL PROGRAM ,19
531531 INCLUDING ASSISTING FAMILIES WITH THE COMPLETION OF THEIR FIRST20
532532 PRESCHOOL PROGRAM APPLICATION AND MAINTAINING THE CONTINUED21
533533 ENROLLMENT OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL22
534534 SERVICES FROM THE PRESCHOOL PROVIDER OR ADMINISTRATIVE UNIT .23
535535 P
536536 RESCHOOL PROVIDERS AND ADMINISTRATIVE UNITS MUST HAVE ACCESS24
537537 TO THE UNIFIED APPLICATION WITHOUT REQUIRING THE ASSISTANCE OF25
538538 THE DEPARTMENT OR A LOCAL COORDINATING ORGANIZATION .26
539539 (4) (a) The executive director
540540 STATE BOARD shall adopt rules to27
541541 SB25-119
542542 -17- implement the preschool program, which must include:1
543543 (I) The level of income that identifies a family as being2
544544 low-income for purposes of identifying children who are three years of3
545545 age or younger and are eligible for preschool services and prioritizing4
546546 funding for those additional preschool services. The executive director5
547547 STATE BOARD shall, to the extent practicable, ensure that the income6
548548 eligibility requirements for other publicly funded child care programs are7
549549 aligned with the income level set pursuant to this subsection (4)(a)(I).8
550550 (II) The qualifying factors that a child must meet to be eligible to9
551551 receive additional preschool services. The executive director STATE10
552552 BOARD shall ensure that the qualifying factors are reviewed and, as11
553553 necessary, revised at least every five THREE years. The purpose of the12
554554 qualifying factors is to identify children who are at risk of entering13
555555 kindergarten without being ready for school. The qualifying factors must14
556556 include identification as a dual-language learner or a child with15
557557 disabilities and may include such other factors as the department may16
558558 identify.17
559559 (b) In adopting rules, the executive director STATE BOARD shall,18
560560 to the extent possible:19
561561 SECTION 10. In Colorado Revised Statutes, 26.5-4-204, amend20
562562 (2) as follows:21
563563 26.5-4-204. Colorado universal preschool program - created22
564564 - eligibility - workforce development plan - program funding - rules.23
565565 (2) For the 2023-24 school year and each school year thereafter, subject24
566566 to the availability and enrollment capacity of preschool providers, parents25
567567 throughout the state may enroll their children, free of charge, in ten hours26
568568 per week of publicly funded preschool services for the school year27
569569 SB25-119
570570 -18- preceding the school year in which the children are eligible to enroll in1
571571 kindergarten. The department working with local coordinating2
572572 organizations, shall identify and recruit preschool providers throughout3
573573 the state to participate in the Colorado universal preschool program. In4
574574 identifying and recruiting preschool providers, the department and local5
575575 coordinating organizations shall, to the extent practicable, establish a6
576576 mixed delivery system in communities throughout the state that enables7
577577 parents to select preschool providers for their children from as broad a8
578578 range as possible within their respective communities.9
579579 SECTION 11. In Colorado Revised Statutes, 26.5-4-205, amend10
580580 (1)(a) introductory portion and (2)(c) as follows:11
581581 26.5-4-205. Quality standards - evaluation - support.12
582582 (1) (a) The department shall develop, and the executive director STATE13
583583 BOARD shall establish by rule, the quality standards that each preschool14
584584 provider must meet to receive funding through the Colorado universal15
585585 preschool program. The quality standards must, at a minimum, address16
586586 the issues specified in this section and must reflect national and17
587587 community-informed best practices with regard to school readiness,18
588588 academic and cognitive development, healthy environments,19
589589 social-emotional learning, and child and family outcomes. The20
590590 department and the executive director STATE BOARD shall work with21
591591 families, educators, and program administrators to review and, as22
592592 necessary, revise the quality standards at least every five years to ensure23
593593 the standards continue to reflect national
594594 AND COMMUNITY-INFORMED24
595595 best practices and meet the other requirements specified in this section.25
596596 In developing, reviewing, revising, and adopting the quality standards, the26
597597 department and the executive director
598598 STATE BOARD shall consider, at a27
599599 SB25-119
600600 -19- minimum:1
601601 (2) At a minimum, the quality standards established in rule must2
602602 include:3
603603 (c) (I) The maximum allowable educator-to-child ratios and group4
604604 sizes, aligned with national best practices. The department, by rule, may5
605605 implement a waiver process to allow a preschool provider that6
606606 implements a nationally recognized preschool program model to7
607607 implement the educator-to-child ratios and group sizes that support the8
608608 instructional practices of the model, so long as the preschool provider9
609609 meets the national standards for the model or is accredited to provide the10
610610 model STATE LICENSING STANDARDS PURSUANT TO PART 3 OF ARTICLE 511
611611 OF THIS TITLE 26.5.12
612612 (II) T
613613 HE DEPARTMENT, BY RULE, MAY IMPLEMENT A WAIVER13
614614 PROCESS TO ALLOW A PRESCHOOL PROVIDER THAT IMPLEMENTS A14
615615 NATIONALLY RECOGNIZED PRESCHOOL PROGRAM MODEL TO IMPLEMENT15
616616 THE EDUCATOR-TO-CHILD RATIOS AND GROUP SIZES THAT SUPPORT THE16
617617 INSTRUCTIONAL PRACTICES OF THE MODEL , AS LONG AS THE PRESCHOOL17
618618 PROVIDER MEETS THE NATIONAL STANDARDS FOR THE MODEL OR IS18
619619 ACCREDITED TO PROVIDE SERVICES THAT CONFORM TO THE MODEL .19
620620 SECTION 12. In Colorado Revised Statutes, 26.5-4-207, amend20
621621 (3) as follows:21
622622 26.5-4-207. Preschool program evaluation and improvement22
623623 process - independent evaluator. (3) The department shall23
624624 communicate the evaluations and recommendations of the independent24
625625 evaluator to families, communities, preschool providers, local
626626 25
627627 coordinating organizations, the state board of education, and the general26
628628 assembly, as appropriate, to inform and improve early childhood teaching27
629629 SB25-119
630630 -20- and education and policy-making related to early childhood education.1
631631 SECTION 13. In Colorado Revised Statutes, 26.5-4-208, amend2
632632 (1)(e) and (3)(a) as follows:3
633633 26.5-4-208. Preschool provider funding - per-child rates - local4
634634 contribution - distribution and use of money - definitions. (1) (e) In5
635635 establishing the formulas and other distribution amounts, the department6
636636 shall consult with the
637637 STATE BOARD, THE rules advisory council, the early7
638638 childhood leadership commission, and members of the early childhood8
639639 community, including parents of preschool-age children, preschool9
640640 educators, preschool providers, early childhood councils, school districts,10
641641 charter schools, representatives of county departments of human or social11
642642 services, local coordinating organizations, and individuals with financial12
643643 expertise in public and private funding sources for early childhood13
644644 services.14
645645 (3) (a) Beginning in the 2023-24 fiscal year and for each fiscal15
646646 year thereafter, the department working with local coordinating16
647647 organizations as provided in each local coordinating organization's17
648648 coordinator agreement with the department, shall distribute the funding18
649649 appropriated to the department for preschool services from the preschool19
650650 programs cash fund and any amount received pursuant to section20
651651 26.5-4-209 (2). The department and local coordinating organizations, as21
652652 applicable, shall base the amounts distributed on the per-child rates and22
653653 any special purpose distributions established for the applicable fiscal year23
654654 pursuant to subsection (1) of this section. At the start of each fiscal year,24
655655 the department and local coordinating organizations, as applicable, shall25
656656 distribute,
657657 IN ADVANCE OF SERVICES PROVIDED, a portion of the funding26
658658 to preschool providers based on the numbers and types of eligible27
659659 SB25-119
660660 -21- children expected to enroll in preschool as estimated in the community1
661661 plans or as estimated by the department for an area that does not have a2
662662 local coordinating organization. The department and local coordinating3
663663 organizations, as applicable, shall continue distributing,
664664 IN ADVANCE OF4
665665 SERVICES PROVIDED, portions of the funding periodically throughout the5
666666 school year and shall adjust the amounts distributed based on the actual6
667667 numbers and types of eligible children enrolled by preschool providers. 7
668668 SECTION 14. In Colorado Revised Statutes, 26.5-4-208, amend8
669669 (1)(c), (1)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:9
670670 26.5-4-208. Preschool provider funding - per-child rates - local10
671671 contribution - distribution and use of money - definitions. (1) (c) In11
672672 establishing the formula for additional preschool services, in addition to12
673673 the considerations specified in subsection (1)(a) of this section, the13
674674 department may consider the amount of local funding available to assist14
675675 families within a community. based on the community plan or available
676676 15
677677 within an area that does not have a local coordinating organization. A16
678678 preschool provider is prohibited from charging a fee for additional17
679679 preschool services to a family that participates in the preschool program18
680680 that exceeds the amount charged to families that do not receive additional19
681681 preschool services.20
682682 (e) In establishing the formulas and other distribution amounts,21
683683 the department shall consult with the rules advisory council, the early22
684684 childhood leadership commission, and members of the early childhood23
685685 community, including parents of preschool-age children, preschool24
686686 educators, preschool providers, early childhood councils, school districts,25
687687 charter schools, representatives of county departments of human or social26
688688 services, local coordinating organizations, and individuals with financial27
689689 SB25-119
690690 -22- expertise in public and private funding sources for early childhood1
691691 services.2
692692 (3) (a) Beginning in the 2023-24 fiscal year and for each fiscal3
693693 year thereafter, the department working with local coordinating4
694694 organizations as provided in each local coordinating organization's5
695695 coordinator agreement with the department, shall distribute the funding6
696696 appropriated to the department for preschool services from the preschool7
697697 programs cash fund and any amount received pursuant to section8
698698 26.5-4-209 (2). The department and local coordinating organizations, as9
699699 applicable, shall base the amounts distributed on the per-child rates and10
700700 any special purpose distributions established for the applicable fiscal year11
701701 pursuant to subsection (1) of this section. At the start of each fiscal year,12
702702 the department and local coordinating organizations as applicable, shall13
703703 distribute a portion of the funding to preschool providers based on the14
704704 numbers and types of eligible children expected to enroll in preschool as15
705705 estimated in the community plans or as estimated by the department. for16
706706 an area that does not have a local coordinating organization. The17
707707 department and local coordinating organizations, as applicable, shall18
708708 continue distributing portions of the funding periodically throughout the19
709709 school year and shall adjust the amounts distributed based on the actual20
710710 numbers and types of eligible children enrolled by preschool providers.21
711711 (c) (II) The department and local coordinating organizations, as22
712712 applicable, shall distribute the funding for preschool services for children23
713713 who are three years of age or younger as described in subsection24
714714 (3)(c)(I)(B) of this section only to preschool providers that are school25
715715 districts or charter schools for the eligible children who are three years of26
716716 age and younger whom the school district or charter school enrolls in27
717717 SB25-119
718718 -23- accordance with the preschool program; except that, in a fiscal year in1
719719 which the general assembly specifically appropriates an amount to2
720720 provide preschool services for children three years of age or younger who3
721721 do not have disabilities that exceeds the amount described in subsection4
722722 (3)(c)(I)(B) of this section, the department may distribute in accordance5
723723 with the applicable community plans all or any portion of the excess6
724724 appropriation amount to community-based preschool providers. A school7
725725 district may distribute all or a portion of the amount received pursuant to8
726726 this subsection (3)(c)(II) to a head start agency or community-based9
727727 preschool provider that provides preschool services pursuant to a contract10
728728 with the school district.11
729729 (IV) In a fiscal year in which the amount described in subsection12
730730 (3)(c)(I)(B) of this section to fund preschool services for children who are13
731731 three years of age or younger is less than is required to fully fund the14
732732 number of said eligible children who actually enroll for preschool15
733733 services, the department shall first provide funding for the eligible16
734734 children with disabilities and eligible children who are in low-income17
735735 families and meet at least one qualifying factor and then provide funding18
736736 for the remaining eligible children who are in low-income families. If any19
737737 amount of the appropriation described in subsection (3)(c)(I)(B) of this20
738738 section remains, the department, working with the rules advisory council,21
739739 the local coordinating organizations, and any other interested persons,22
740740 shall establish the priority for distributing the funding among the23
741741 remaining eligible children.24
742742 SECTION 15. In Colorado Revised Statutes, 26.5-4-209, repeal25
743743 (5) as follows:26
744744 26.5-4-209. Preschool programs cash fund - created - use -27
745745 SB25-119
746746 -24- repeal. (5) The department may use money appropriated from the1
747747 preschool programs cash fund for the administrative costs of local2
748748 coordinating organizations.3
749749 SECTION 16. In Colorado Revised Statutes, 13-3-113, amend4
750750 (5)(d) as follows:5
751751 13-3-113. Family-friendly courts. (5) Grant applications -6
752752 duties of judicial districts. (d) The judicial districts that are selected by7
753753 the state court administrator to provide family-friendly court services that8
754754 provide child care services shall meet the licensing requirements for child9
755755 care facilities set forth in part 3 of article 5 of title 26.5, and all child care10
756756 licensing rules promulgated by the executive director ADOPTED BY THE11
757757 STATE BOARD OF EARLY CHILDHOOD SERVICES of the department of early12
758758 childhood.13
759759 SECTION 17. In Colorado Revised Statutes, 19-1-307, amend14
760760 (2.5)(a) as follows:15
761761 19-1-307. Dependency and neglect records and information -16
762762 access - fee - records and reports fund - misuse of information -17
763763 penalty - adult protective services data system check - rules. (2.5) Fee18
764764 - records and reports fund - rules. (a) Any person or agency provided19
765765 information from the state department of human services or department20
766766 of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t),21
767767 and (2)(y) of this section and any child placement agency must be22
768768 assessed a fee that is established and collected by the state department of23
769769 human services or established and collected by the department of early24
770770 childhood pursuant to parameters set forth in rule established by the state25
771771 board of human services or the department STATE BOARD of early26
772772 childhood pursuant to parameters set forth in rule established by the27
773773 SB25-119
774774 -25- executive director STATE BOARD OF EARLY CHILDHOOD SERVICES of the1
775775 department of early childhood, whichever is applicable. At a minimum,2
776776 the rules must include a provision requiring the state department of3
777777 human services or department of early childhood, as applicable, to4
778778 provide notice of the fee to interested persons and the maximum fee5
779779 amount that the department shall not exceed without the express approval6
780780 of the state board of human services or executive director STATE BOARD7
781781 OF EARLY CHILDHOOD SERVICES of the department of early childhood, as8
782782 applicable. The fee established must not exceed the direct and indirect9
783783 costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y)10
784784 of this section.11
785785 SECTION 18. In Colorado Revised Statutes, 24-1-120.5, add (5)12
786786 as follows:13
787787 24-1-120.5. Department of early childhood - creation. (5) T
788788 HE14
789789 STATE BOARD OF EARLY CHILDHOOD SERVICES , CREATED IN SECTION15
790790 26.5-1-105,
791791 IS A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND16
792792 EXERCISES ITS POWERS, DUTIES, AND FUNCTIONS UNDER THE DEPARTMENT17
793793 OF EARLY CHILDHOOD.18
794794 SECTION 19. In Colorado Revised Statutes, 24-34-104, repeal19
795795 (31)(a)(XI) as follows:20
796796 24-34-104. General assembly review of regulatory agencies21
797797 and functions for repeal, continuation, or reestablishment - legislative22
798798 declaration - repeal. (31) (a) The following agencies, functions, or both,23
799799 are scheduled for repeal on September 1, 2031:24
800800 (XI) The rule-making function of the executive director of the
801801 25
802802 department of early childhood pursuant to section 26.5-1-105 (1);26
803803 SECTION 20. In Colorado Revised Statutes, 26-1-116, amend27
804804 SB25-119
805805 -26- (3) as follows:1
806806 26-1-116. County boards - district boards. (3) The county2
807807 board may hold a meeting to address the public assistance and welfare3
808808 duties, responsibilities, and activities of the county department in4
809809 conjunction with a meeting of the board of county commissioners, upon5
810810 full and timely notice given pursuant to the provisions of section6
811811 24-6-402. The county board shall act in accordance with rules adopted by7
812812 the state board when addressing public assistance, and welfare duties,8
813813 responsibilities, and activities of the county department. The county board9
814814 shall act in accordance with rules adopted by the executive director STATE10
815815 BOARD OF EARLY CHILDHOOD SERVICES of the department of early11
816816 childhood when addressing child care assistance duties, responsibilities,12
817817 and activities of the county department.13
818818 SECTION 21. In Colorado Revised Statutes, 26-1-122, amend14
819819 (6)(c) as follows:15
820820 26-1-122. County appropriations and expenditures -16
821821 advancements - procedures. (6) (c) The state department shall establish17
822822 rules concerning what constitutes administrative costs and program costs18
823823 for the Colorado works program. The executive director STATE BOARD OF19
824824 EARLY CHILDHOOD SERVICES of the department of early childhood, in20
825825 coordination with county departments, shall establish rules concerning21
826826 what constitutes administrative costs and program costs for the Colorado22
827827 child care assistance program. The state treasurer shall make23
828828 advancements to county departments for the costs of administering the24
829829 Colorado works program and the Colorado child care assistance program25
830830 from funds appropriated or made available for such purpose, upon26
831831 authorization of the department of early childhood or the state27
832832 SB25-119
833833 -27- department, as applicable; except that in no event shall the department of1
834834 early childhood or the state department authorize expenditures greater2
835835 than the annual appropriation by the general assembly for such3
836836 administrative costs of the county departments. As funds are advanced,4
837837 adjustment shall be made from subsequent monthly payments for those5
838838 purposes.6
839839 SECTION 22. In Colorado Revised Statutes, 26-2-703, amend7
840840 (4) as follows:8
841841 26-2-703. Definitions. As used in this part 7, unless the context9
842842 otherwise requires:10
843843 (4) "Colorado child care assistance program" means the state11
844844 program of child care assistance implemented pursuant to the provisions12
845845 of part 1 of article 4 of title 26.5 and rules of the executive director STATE13
846846 BOARD OF EARLY CHILDHOOD SERVICES of the department of early14
847847 childhood.15
848848 SECTION 23. In Colorado Revised Statutes, 26-2-706.6, amend16
849849 (6) as follows:17
850850 26-2-706.6. Payments and services under Colorado works -18
851851 rules. (6) Child care assistance. Subject to available appropriations and19
852852 pursuant to rules promulgated by the executive director ADOPTED BY THE20
853853 STATE BOARD OF EARLY CHILDHOOD SERVICES of the department of early21
854854 childhood, a county may provide child care assistance to a participant22
855855 pursuant to the provisions of part 1 of article 4 of title 26.5 and rules23
856856 promulgated by the executive director ADOPTED BY THE STATE BOARD OF24
857857 EARLY CHILDHOOD SERVICES of the department of early childhood for25
858858 implementation of said part 1.26
859859 SECTION 24. In Colorado Revised Statutes, 26.5-1-106, repeal27
860860 SB25-119
861861 -28- (1)(c) as follows:1
862862 26.5-1-106. Transfer of functions - employees - property -2
863863 contracts. (1) (c) The rules pertaining to the powers, duties, functions,3
864864 and obligations transferred to the department pursuant to subsection (1)(a)4
865865 of this section that are adopted by the department of human services, the5
866866 state board of human services, or the state board of education and are in6
867867 effect as of July 1, 2022, continue in effect and apply to the department7
868868 and persons or entities licensed or providing services pursuant to this title8
869869 26.5 until replaced by rules adopted by the executive director pursuant to9
870870 section 26.5-1-105.10
871871 SECTION 25. In Colorado Revised Statutes, amend 26.5-1-10711
872872 as follows:12
873873 26.5-1-107. Final agency action - authority of the state board13
874874 - rules. Hearings conducted by an appointed administrative law judge are14
875875 considered initial decisions of the department that the executive director,15
876876 or an executive director's designee STATE BOARD shall review. If16
877877 exceptions to the initial decision are filed pursuant to section 24-4-10517
878878 (14)(a)(I), the review must be in accordance with section 24-4-105 (15);18
879879 except that the department may, at its discretion, permit a party to file an19
880880 audio recording in lieu of a written transcript if the party cannot afford a20
881881 written transcript. The executive director STATE BOARD may adopt rules21
882882 delineating the criteria and process for filing an audio recording in lieu of22
883883 a written transcript. In the absence of an exception filed pursuant to23
884884 section 24-4-105 (14)(a)(I), the executive director STATE BOARD shall24
885885 review the initial decision in accordance with a procedure adopted by the25
886886 executive director STATE BOARD. The procedure must be consistent with26
887887 federal mandates concerning the single state agency requirement. Review27
888888 SB25-119
889889 -29- by the executive director STATE BOARD in accordance with section1
890890 24-4-105 (15) or the procedure adopted by the executive director STATE2
891891 BOARD pursuant to this section constitutes final agency action.3
892892 SECTION 26. In Colorado Revised Statutes, 26.5-2-203, amend4
893893 (4) as follows:5
894894 26.5-2-203. Early childhood councils - established - rules.6
895895 (4) The executive director STATE BOARD shall determine by rule the7
896896 criteria necessary for establishing a single council for an area.8
897897 SECTION 27. In Colorado Revised Statutes, 26.5-2-204, amend9
898898 (5) as follows:10
899899 26.5-2-204. Early childhood councils - applications - rules.11
900900 (5) The executive director shall promulgate STATE BOARD SHALL ADOPT12
901901 rules to define the standards for acceptance of applications made pursuant13
902902 to this section. Acceptance of an application is automatic if the14
903903 application is complete, the signatures are in order, and it meets the15
904904 standards set forth by the executive director STATE BOARD pursuant to this16
905905 subsection (5).17
906906 SECTION 28. In Colorado Revised Statutes, 26.5-2-207, amend18
907907 (2)(a) as follows:19
908908 26.5-2-207. Early childhood councils - waivers - rules -20
909909 funding - application. (2) (a) The executive director shall promulgate21
910910 STATE BOARD SHALL ADOPT rules to develop and distribute to councils the22
911911 application form and application process to be used by each council23
912912 seeking to receive council infrastructure, quality improvement, technical24
913913 assistance, and evaluation funding from the early childhood cash fund25
914914 created in section 26.5-2-209 and other funding sources appropriated for26
915915 early childhood services.27
916916 SB25-119
917917 -30- SECTION 29. In Colorado Revised Statutes, 26.5-3-403, amend1
918918 (2) and (3)(b) as follows:2
919919 26.5-3-403. Early intervention services - administration -3
920920 duties of department - rules. (2) The executive director shall4
921921 promulgate STATE BOARD SHALL ADOPT rules as necessary for the5
922922 implementation of this part 4 and to ensure that all IDEA timelines and6
923923 requirements are met, including but not limited to administrative remedies7
924924 if the timelines and requirements are not met.8
925925 (3) In administering early intervention services, the department9
926926 shall perform the following duties:10
927927 (b) Develop rules, for promulgation by the executive director11
928928 ADOPTION BY THE STATE BOARD , after consultation with the state12
929929 interagency coordinating council;13
930930 SECTION 30. In Colorado Revised Statutes, 26.5-3-405, amend14
931931 (1)(b) as follows:15
932932 26.5-3-405. Authorized services - conditions of funding -16
933933 purchases of services - rules. (1) (b) The executive director shall17
934934 promulgate STATE BOARD SHALL ADOPT rules as necessary, in accordance18
935935 with this part 4, to implement on and after July 1, 2024, the purchase of19
936936 early intervention services directly or through certified early intervention20
937937 service brokers.21
938938 SECTION 31. In Colorado Revised Statutes, 26.5-3-504, amend22
939939 (3) introductory portion, (4), and (5) as follows:23
940940 26.5-3-504. Nurse home visitor program - created - rules.24
941941 (3) The executive director shall promulgate STATE BOARD SHALL ADOPT,25
942942 pursuant to the provisions of article 4 of title 24, rules to implement the26
943943 program. The executive director STATE BOARD shall base the rules27
944944 SB25-119
945945 -31- establishing program training requirements, program protocols, program1
946946 management information systems, and program evaluation requirements2
947947 on research-based model programs that have been implemented in one or3
948948 more other states for a period of at least five years and have shown4
949949 significant reductions in:5
950950 (4) Notwithstanding the provisions of subsection (3) of this6
951951 section, the executive director STATE BOARD shall adopt rules pursuant to7
952952 which a nurse home visitation program that is in operation in the state as8
953953 of July 1, 1999, may qualify for participation in the program if it can9
954954 demonstrate that it has been in operation in the state for a minimum of10
955955 five years and that it has achieved a reduction in the occurrences specified11
956956 in subsection (3) of this section. Any program so approved is exempt12
957957 from the rules adopted regarding program training requirements, program13
958958 protocols, program management information systems, and program14
959959 evaluation requirements so long as the program continues to demonstrate15
960960 a reduction in the occurrences specified in subsection (3) of this section.16
961961 (5) The department may propose to the executive director STATE17
962962 BOARD rules concerning program applications pursuant to section18
963963 26.5-3-506. Any such proposal must be made in consultation with the19
964964 health sciences facility.20
965965 SECTION 32. In Colorado Revised Statutes, 26.5-3-603, amend21
966966 (1) as follows:22
967967 26.5-3-603. Social-emotional learning programs grant23
968968 program - created - implementation partner - application - selection24
969969 - funding - rules. (1) The social-emotional learning programs grant25
970970 program is created in the department. The department shall administer the26
971971 grant program in collaboration with an implementation partner selected27
972972 SB25-119
973973 -32- pursuant to subsection (2) of this section. Subject to annual1
974974 appropriations, the department shall award grants to entities that apply2
975975 pursuant to subsection (3) of this section to provide social-emotional3
976976 learning programs for young children and their parents in communities4
977977 throughout the state. The executive director STATE BOARD is authorized5
978978 to promulgate ADOPT rules as necessary to implement the grant program.6
979979 SECTION 33. In Colorado Revised Statutes, 26.5-3-702, amend7
980980 (1)(d) as follows:8
981981 26.5-3-702. Early childhood mental health consultation -9
982982 statewide program - creation - purpose - rules. (1) (d) The executive10
983983 director may promulgate STATE BOARD MAY ADOPT rules for the design,11
984984 implementation, and operation of the program.12
985985 SECTION 34. In Colorado Revised Statutes, 26.5-3-805, amend13
986986 (4) as follows:14
987987 26.5-3-805. Early care and education recruitment and15
988988 retention grant and scholarship program - created - criteria and16
989989 eligibility - grant and scholarship awards - reports - funding - rules17
990990 - definitions - repeal. (4) The executive director may promulgate STATE18
991991 BOARD MAY ADOPT rules regarding criteria, timelines, and the19
992992 administration of the program pursuant to the requirements outlined in20
993993 this section.21
994994 SECTION 35. In Colorado Revised Statutes, 26.5-3-903, amend22
995995 (1) as follows:23
996996 26.5-3-903. Family-strengthening grant programs - authorized24
997997 requirements - implementation partner - rules. (1) The department is25
998998 authorized to operate grant programs to support local providers in26
999999 delivering high-quality, voluntary, family-strengthening support services27
10001000 SB25-119
10011001 -33- using home visiting strategies that are designed to overcome the access1
10021002 barriers often created by traditional delivery strategies. The executive2
10031003 director may promulgate STATE BOARD MAY ADOPT rules as necessary to3
10041004 implement grant programs as authorized in this section.4
10051005 SECTION 36. In Colorado Revised Statutes, 26.5-4-106, amend5
10061006 (6) as follows:6
10071007 26.5-4-106. Applications for child care assistance -7
10081008 applications for child care employees - verification - award - not8
10091009 assignable - limitation - rules. (6) The executive director shall9
10101010 promulgate STATE BOARD SHALL ADOPT rules for the implementation of10
10111011 this section.11
10121012 SECTION 37. In Colorado Revised Statutes, 26.5-4-111, amend12
10131013 (12)(a), (13) introductory portion, and (14) as follows:13
10141014 26.5-4-111. Services - eligibility - assistance provided - waiting14
10151015 lists - rules - exceptions from cooperating with child support15
10161016 establishment. (12) Each county:16
10171017 (a) Upon notification to counties by the department that the17
10181018 relevant case management systems, including the Colorado child care18
10191019 automated tracking system, are capable of accommodating this subsection19
10201020 (12)(a), and pursuant to department rules, on or before August 1, 2026,20
10211021 and subject to available federal appropriations, in addition to regular21
10221022 provider reimbursement rates, the county departments shall pay providers22
10231023 for care in alignment with common practices in the private market for23
10241024 child care, including paying providers weekly for each child based on24
10251025 child enrollment in advance of the provision of services. The department25
10261026 rules governing payment policies must allow daily reimbursement rates26
10271027 only for drop-in child care, back-up child care, and care that is commonly27
10281028 SB25-119
10291029 -34- paid on a daily reimbursement basis in the private child care market and1
10301030 must incentivize providers to promote regular program attendance. On or2
10311031 before August 1, 2026, and subject to available federal appropriations, the3
10321032 department and county departments shall utilize grants and contracts for4
10331033 underserved populations, including children in underserved geographic5
10341034 areas, infants and toddlers, children with disabilities, and families needing6
10351035 nontraditional-hour care, to improve equitable access for these7
10361036 populations. The department shall annually evaluate data regarding the8
10371037 numbers and percentages of underserved populations being served by9
10381038 CCCAP to determine if equitable access is improved or achieved. The10
10391039 executive director shall promulgate STATE BOARD SHALL ADOPT rules for11
10401040 the implementation of this subsection (12).12
10411041 (13) For children who are enrolled in both CCCAP and the13
10421042 Colorado universal preschool program, the executive director STATE14
10431043 BOARD shall adopt rules as necessary to ensure:15
10441044 (14) The executive director shall promulgate STATE BOARD SHALL16
10451045 ADOPT rules for the implementation of this part 1.17
10461046 SECTION 38. In Colorado Revised Statutes, 26.5-4-117, amend18
10471047 (2) as follows:19
10481048 26.5-4-117. Locating violators - recoveries. (2) All departments20
10491049 and agencies of the state and local governments shall cooperate in the21
10501050 location and prosecution of a person who fraudulently obtains child care22
10511051 assistance pursuant to this part 1, and, on request of the county or district23
10521052 board of human or social services, the county director, the department, or24
10531053 the district attorney of any judicial district in this state, shall supply all25
10541054 information on hand relative to the location, employment, income, and26
10551055 property of said persons, notwithstanding any other provision of law27
10561056 SB25-119
10571057 -35- making the information confidential, except the laws pertaining to1
10581058 confidentiality of tax returns filed pursuant to law with the department of2
10591059 revenue. The department of revenue shall furnish at no cost to inquiring3
10601060 departments and agencies such THE information as may be necessary to4
10611061 effectuate the purposes of this part 1. The executive director STATE5
10621062 BOARD shall, by rule, establish the procedures whereby this information6
10631063 is requested and provided. The department or county departments shall7
10641064 use such THE information only for the purposes of administering the8
10651065 Colorado child care assistance program pursuant to this part 1, and a9
10661066 district attorney shall use it only for the prosecution of persons who10
10671067 fraudulently obtain child care assistance pursuant to this part 1, and shall11
10681068 not use the information, or disclose it, for any other purpose.12
10691069 SECTION 39. In Colorado Revised Statutes, 26.5-4-118, amend13
10701070 (1) as follows:14
10711071 26.5-4-118. Records confidential - authorization to obtain15
10721072 records of assets - release of location information to law enforcement16
10731073 agencies - outstanding felony arrest warrants. (1) The executive17
10741074 director STATE BOARD may establish reasonable rules to provide18
10751075 safeguards restricting the use or disclosure of information concerning19
10761076 applicants, recipients, and former and potential recipients of federally20
10771077 aided child care assistance to purposes directly connected with the21
10781078 administration of the Colorado child care assistance program and related22
10791079 department activities and covering the custody, use, and preservation of23
10801080 the records, papers, files, and communications of the department and24
10811081 county departments. Whenever, under provisions of law, names and25
10821082 addresses of applicants for, recipients of, or former and potential26
10831083 recipients of child care assistance are furnished to or held by another27
10841084 SB25-119
10851085 -36- agency, department of government, or an auditor conducting a financial1
10861086 or performance audit of a county department pursuant to section2
10871087 26-1-114.5, the agency, department, or auditor is required to prevent the3
10881088 publication of lists and uses of the lists for purposes not directly4
10891089 connected with the administration of the Colorado child care assistance5
10901090 program.6
10911091 SECTION 40. In Colorado Revised Statutes, 26.5-4-119, amend7
10921092 (4) as follows:8
10931093 26.5-4-119. State income tax refund offset - rules. (4) The9
10941094 executive director shall promulgate STATE BOARD SHALL ADOPT rules10
10951095 establishing procedures to implement this section.11
10961096 SECTION 41. In Colorado Revised Statutes, 26.5-5-102, amend12
10971097 (6)(a) introductory portion as follows:13
10981098 26.5-5-102. School-readiness quality improvement program -14
10991099 created - rules. (6) (a) The executive director shall promulgate STATE15
11001100 BOARD SHALL ADOPT rules for the implementation of this section,16
11011101 including but not limited to rules that:17
11021102 SECTION 42. In Colorado Revised Statutes, 26.5-5-306, amend18
11031103 (2) as follows:19
11041104 26.5-5-306. Substitute child care providers - substitute20
11051105 placement agency - licensing - rules. (2) The executive director shall21
11061106 promulgate STATE BOARD SHALL ADOPT rules for substitute placement22
11071107 agencies and substitute child care providers. At a minimum, the rules23
11081108 must require that the substitute child care provider demonstrate that the24
11091109 provider has the training and certification for the child care license type25
11101110 and position in which the substitute child care provider is placed.26
11111111 Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care27
11121112 SB25-119
11131113 -37- provider shall pay for and submit to a fingerprint-based criminal history1
11141114 record check and a review of the records and reports of child abuse or2
11151115 neglect maintained by the state department of human services to3
11161116 determine whether the substitute child care provider has been found to be4
11171117 responsible in a confirmed report of child abuse or neglect. When the5
11181118 results of a fingerprint-based criminal history record check or any other6
11191119 records check performed on a person pursuant to this subsection (2)7
11201120 reveal a record of arrest without a disposition, the department rules shall8
11211121 MUST require that person to submit to a name-based judicial record check,9
11221122 as defined in section 22-2-119.3 (6)(d). The substitute placement agency10
11231123 shall not place a substitute child care provider who is convicted of any of11
11241124 the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.12
11251125 SECTION 43. In Colorado Revised Statutes, 26.5-5-307, amend13
11261126 (2)(f)(III)(B) and (2)(g)(III)(B) as follows:14
11271127 26.5-5-307. Application of part - guest child care facilities -15
11281128 public services short-term child care facilities - definition. (2) A16
11291129 person or entity shall not operate a guest child care facility or a public17
11301130 services short-term child care facility unless the following requirements18
11311131 are met:19
11321132 (f) (III) (B) The guest child care facility or public services20
11331133 short-term child care facility requests the department to obtain such21
11341134 information concerning the supervisory employee or applicant for a22
11351135 supervisory employee position from any other recognized database, if23
11361136 any, that is accessible on a statewide basis as set forth by rules24
11371137 promulgated by the executive director ADOPTED BY THE STATE BOARD ;25
11381138 (g) (III) (B) The guest child care facility or public services26
11391139 short-term child care facility requests the department to obtain such27
11401140 SB25-119
11411141 -38- information concerning the employee from any other recognized1
11421142 database, if any, that is accessible on a statewide basis as set forth by2
11431143 rules promulgated by the executive director ADOPTED BY THE STATE3
11441144 BOARD; and4
11451145 SECTION 44. In Colorado Revised Statutes, 26.5-5-308, amend5
11461146 (2) as follows:6
11471147 26.5-5-308. Application of part - neighborhood youth7
11481148 organizations - rules - licensing - duties and responsibilities -8
11491149 definitions. (2) The executive director shall promulgate STATE BOARD9
11501150 SHALL ADOPT rules to establish a neighborhood youth organization10
11511151 license, including but not limited to the fee required to apply for and11
11521152 obtain the license. The rules shall not concern staff-to-youth ratios.12
11531153 SECTION 45. In Colorado Revised Statutes, 26.5-5-311, amend13
11541154 (1)(a) introductory portion and (1)(b) introductory portion as follows:14
11551155 26.5-5-311. Fees - when original applications, reapplications,15
11561156 and renewals for licensure are required - creation of child care16
11571157 licensing cash fund - rules. (1) (a) The department is authorized to17
11581158 establish, pursuant to rules promulgated by the executive director18
11591159 ADOPTED BY THE STATE BOARD, permanent, time-limited, and provisional19
11601160 license fees and fees for continuation of a license for the following types20
11611161 of child care arrangements:21
11621162 (b) The department may also establish fees pursuant to rules22
11631163 promulgated by the executive director ADOPTED BY THE STATE BOARD for23
11641164 the following situations:24
11651165 SECTION 46. In Colorado Revised Statutes, 26.5-5-313, amend25
11661166 (4) introductory portion as follows:26
11671167 26.5-5-313. Applications - materials waivers - appeals - rules.27
11681168 SB25-119
11691169 -39- (4) The executive director shall promulgate STATE BOARD SHALL ADOPT1
11701170 rules for the implementation of this section, including:2
11711171 SECTION 47. In Colorado Revised Statutes, 26.5-5-314, amend3
11721172 (1), (2)(n), (3)(c), (4), and (6) as follows:4
11731173 26.5-5-314. Standards for facilities and agencies - rules -5
11741174 definition. (1) The department shall prescribe and publish standards for6
11751175 licensing. The standards must be applicable to the various types of7
11761176 facilities and agencies for child care regulated and licensed by this part 3.8
11771177 The department shall seek the advice and assistance of persons9
11781178 representative of the various types of child care facilities and agencies in10
11791179 establishing the standards, including the advice and assistance of the11
11801180 department of public safety and councils and associations representing12
11811181 fire marshals and building code officials in the promulgation of any rules13
11821182 related to adequate fire protection and prevention, as allowed in14
11831183 subsection (2)(e) of this section, in a family child care home. The15
11841184 standards must be established by rules promulgated by the executive16
11851185 director ADOPTED BY THE STATE BOARD and be issued, published, and17
11861186 become effective only in conformity with article 4 of title 24.18
11871187 (2) The standards prescribed by department rules are restricted to:19
11881188 (n) Rules governing different types of family child care homes as20
11891189 well as any other types of family child care homes that may by necessity21
11901190 be established by rule of the executive director STATE BOARD.22
11911191 (3) (c) If all of the requirements in section 22-1-119.5 and any23
11921192 additional department rules are met, a school-age child enrolled in a24
11931193 program on school property may possess and self-administer medication25
11941194 for asthma, a food allergy, or anaphylaxis. The executive director STATE26
11951195 BOARD may adopt additional rules for programs on school property27
11961196 SB25-119
11971197 -40- concerning the authority to possess and self-administer medication for1
11981198 asthma, a food allergy, or anaphylaxis.2
11991199 (4) If all of the requirements in section 22-1-119.5 and any3
12001200 additional department rules are met, a child enrolled in a large child care4
12011201 center, as defined by rule promulgated by the executive director ADOPTED5
12021202 BY THE STATE BOARD, may possess and self-administer medication for6
12031203 asthma, a food allergy, or anaphylaxis. The executive director STATE7
12041204 BOARD may adopt additional rules concerning the authority to possess and8
12051205 self-administer medication for asthma, a food allergy, or anaphylaxis.9
12061206 (6) The executive director shall promulgate STATE BOARD SHALL10
12071207 ADOPT rules concerning standards for licensing early care and education11
12081208 programs that facilitate the recruitment and retention of Colorado's early12
12091209 childhood educator workforce as described in section 26.5-6-103.13
12101210 SECTION 48. In Colorado Revised Statutes, 26.5-5-315, amend14
12111211 (3) as follows:15
12121212 26.5-5-315. Staffing during emergency circumstances -16
12131213 definitions. (3) During an emergency circumstance, a child care center17
12141214 shall maintain the staff-to-child ratio required by rule of the executive18
12151215 director STATE BOARD.19
12161216 SECTION 49. In Colorado Revised Statutes, 26.5-5-316, amend20
12171217 (1)(a)(I)(A), (1)(a)(I)(B), (1)(a)(I)(C), (1)(a)(I)(E), (1)(a)(II) introductory21
12181218 portion, and (1)(b)(II) as follows:22
12191219 26.5-5-316. Investigations and inspections - local authority -23
12201220 reports - rules. (1) (a) (I) (A) The department shall investigate and pass24
12211221 on each original application for a license, each application for a25
12221222 permanent license following the issuance of a probationary or provisional26
12231223 license, and each application for renewal to operate a facility or an agency27
12241224 SB25-119
12251225 -41- prior to granting the license or renewal. As part of the investigation, the1
12261226 department shall require each individual, including, but not limited to, the2
12271227 applicant, any owner, employee, newly hired employee, licensee, and any3
12281228 adult who is eighteen years of age and older who resides in the licensed4
12291229 facility, to obtain a fingerprint-based criminal history record check by5
12301230 reviewing any record that is used to assist the department in ascertaining6
12311231 whether the person being investigated has been convicted of any of the7
12321232 criminal offenses specified in section 26.5-5-309 (4) or any other felony.8
12331233 The executive director shall promulgate STATE BOARD SHALL ADOPT rules9
12341234 that define and identify what the criminal history record check entails.10
12351235 (B) Rules promulgated by the executive director ADOPTED BY THE11
12361236 STATE BOARD pursuant to this subsection (1)(a)(I) must allow an12
12371237 exemption from the fingerprint-based criminal history record check and13
12381238 the check of the records and reports of child abuse or neglect maintained14
12391239 by the state department of human services for those out-of-state15
12401240 employees working in Colorado at a children's resident camp in a16
12411241 temporary capacity for a camp that is in operation for fewer than ninety17
12421242 days. Each person so exempted from fingerprinting and the check of the18
12431243 records and reports of child abuse or neglect maintained by the state19
12441244 department of human services shall sign a statement that affirmatively20
12451245 states that the person has not been convicted of any charge of child abuse,21
12461246 unlawful sexual offense, or any felony. Prospective employers of22
12471247 exempted persons shall conduct reference checks of the prospective23
12481248 employees in order to verify previous work history and shall conduct24
12491249 personal interviews with each prospective employee.25
12501250 (C) Rules promulgated by the executive director ADOPTED BY THE26
12511251 STATE BOARD pursuant to this subsection (1)(a)(I) must require the27
12521252 SB25-119
12531253 -42- fingerprint-based criminal history record check in all circumstances, other1
12541254 than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(D) of this2
12551255 section, to include a fingerprint-based criminal history record check3
12561256 utilizing the records of the Colorado bureau of investigation and the4
12571257 federal bureau of investigation and, for any new owner, new applicant,5
12581258 newly hired employee, new licensee, or individual who begins residing6
12591259 in the licensed facility. As part of the investigation, the records and7
12601260 reports of child abuse or neglect maintained by the state department of8
12611261 human services must be accessed to determine whether the owner,9
12621262 applicant, employee, newly hired employee, licensee, or individual who10
12631263 resides in the licensed facility being investigated has been found to be11
12641264 responsible in a confirmed report of child abuse or neglect. Information12
12651265 is made available pursuant to section 19-1-307 (2)(j) and rules13
12661266 promulgated by the state board of human services pursuant to section14
12671267 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(D) of this15
12681268 section, any change in ownership of a licensed facility or the addition of16
12691269 a new resident adult or newly hired employee to the licensed facility17
12701270 requires a new investigation as provided in this section.18
12711271 (E) The executive director shall promulgate STATE BOARD SHALL19
12721272 ADOPT rules to implement this subsection (1)(a)(I).20
12731273 (II) Rules promulgated by the executive director ADOPTED BY THE21
12741274 STATE BOARD pursuant to subsection (1)(a)(I) of this section must also22
12751275 include:23
12761276 (b) (II) The executive director STATE BOARD shall adopt rules24
12771277 concerning the on-site public availability of the most recent inspection25
12781278 report results of child care center facilities and family child care home26
12791279 facilities, when requested. The executive director STATE BOARD shall also27
12801280 SB25-119
12811281 -43- adopt rules concerning a requirement that all facilities licensed under this1
12821282 part 3 post their licenses and information regarding the procedures for2
12831283 filing a complaint under this part 3 directly with the department, which3
12841284 rules must require that each such facility display its license and complaint4
12851285 procedures in a prominent and conspicuous location at all times during5
12861286 operational hours of the facility.6
12871287 SECTION 50. In Colorado Revised Statutes, 26.5-5-318, amend7
12881288 (1)(c) and (2) as follows:8
12891289 26.5-5-318. Notice of negative licensing action - filing of9
12901290 complaints. (1) (c) The executive director shall promulgate STATE10
12911291 BOARD SHALL ADOPT rules concerning the assessment of a fine against a11
12921292 licensee that is equal to the direct and indirect costs associated with the12
12931293 mailing of the notice described in subsection (1)(b) of this section against13
12941294 the facility.14
12951295 (2) The executive director shall promulgate STATE BOARD SHALL15
12961296 ADOPT rules requiring child care center facilities and family child care16
12971297 home facilities to provide written notice to the parents and legal guardians17
12981298 of the children cared for in such facilities of the procedures by which to18
12991299 file a complaint against the facility or an employee of the facility with the19
13001300 department. The rules must specify the information the notice must20
13011301 contain, but must require that the notice include the current mailing21
13021302 address and telephone number of the appropriate division within the22
13031303 department.23
13041304 SECTION 51. In Colorado Revised Statutes, 26.5-5-325, amend24
13051305 (1)(c) and (2) as follows:25
13061306 26.5-5-325. Family child care homes - administration of26
13071307 routine medications - parental direction - rules. (1) The delegation of27
13081308 SB25-119
13091309 -44- nursing tasks by a registered nurse pursuant to section 12-255-131 is not1
13101310 required for the administration of routine medications by a child care2
13111311 provider to children cared for in family child care homes licensed3
13121312 pursuant to this part 3, subject to the following conditions:4
13131313 (c) Routine medications are administered in compliance with rules5
13141314 promulgated by the executive director ADOPTED BY THE STATE BOARD6
13151315 pursuant to subsection (2) of this section;7
13161316 (2) The executive director shall promulgate STATE BOARD SHALL8
13171317 ADOPT rules concerning the medically acceptable procedures and9
13181318 standards to be followed by child care providers administering routine10
13191319 medications to children cared for in family child care homes.11
13201320 SECTION 52. In Colorado Revised Statutes, 26.5-5-326, amend12
13211321 (4)(a) and (6) as follows:13
13221322 26.5-5-326. Exempt family child care home providers -14
13231323 fingerprint-based criminal history record check - child care15
13241324 assistance program money - temporary care - rules - definitions.16
13251325 (4) The department or a county department shall not issue or renew a17
13261326 contract to provide money pursuant to the Colorado child care assistance18
13271327 program pursuant to part 1 of article 4 of this title 26.5 to a qualified19
13281328 provider if the qualified provider or a qualified adult:20
13291329 (a) Has a pattern of misdemeanor or petty offense convictions21
13301330 occurring within the ten years preceding submission of the application,22
13311331 including petty offense convictions pursuant to section 26.5-5-321. The23
13321332 executive director STATE BOARD shall define by rule what constitutes a24
13331333 pattern of misdemeanor or petty offense convictions.25
13341334 (6) The executive director shall promulgate STATE BOARD SHALL26
13351335 ADOPT rules to establish the amount of the fee to collect from a qualified27
13361336 SB25-119
13371337 -45- provider or qualified adult who is subject to an FCC pursuant to1
13381338 subsection (1) of this section or a name-based judicial record check2
13391339 pursuant to subsection (2) of this section. The department is authorized3
13401340 to collect the fee at the time of the FCC or name-based judicial record4
13411341 check.5
13421342 SECTION 53. In Colorado Revised Statutes, amend 26.5-5-3276
13431343 as follows:7
13441344 26.5-5-327. Unique student identifying numbers - rules. The8
13451345 executive director shall promulgate STATE BOARD SHALL ADOPT rules as9
13461346 necessary for the assignment of uniquely identifying numbers to children10
13471347 who receive early childhood services. At a minimum, the rules must11
13481348 include children who receive state-subsidized or federally subsidized12
13491349 early childhood services, including but not limited to services provided13
13501350 through the child care development block grant, the Colorado universal14
13511351 preschool program, and head start.15
13521352 SECTION 54. In Colorado Revised Statutes, 26.5-5-331, amend16
13531353 (1) introductory portion as follows:17
13541354 26.5-5-331. Outdoor nature-based preschool programs - child18
13551355 care centers - rules - definition. (1) No later than December 31, 2025,19
13561356 the executive director shall promulgate STATE BOARD SHALL ADOPT rules20
13571357 for child care centers that operate as outdoor nature-based preschool21
13581358 programs. Rules promulgated ADOPTED pursuant to this section must22
13591359 include, but are not limited to:23
13601360 SECTION 55. In Colorado Revised Statutes, amend 26.5-6-10224
13611361 as follows:25
13621362 26.5-6-102. Voluntary child care credentialing system - rules.26
13631363 The department shall develop and maintain a statewide voluntary child27
13641364 SB25-119
13651365 -46- care credentialing system that recognizes the training and educational1
13661366 achievements of persons providing early childhood care and education.2
13671367 The use of the voluntary child care credentialing system must include but3
13681368 need not be limited to the early childhood councils established pursuant4
13691369 to part 2 of article 2 of this title 26.5. The voluntary child care5
13701370 credentialing system is a multi-tiered system of graduated credentials that6
13711371 reflects the increased training, education, knowledge, skills, and7
13721372 competencies of persons working in early childhood care and education8
13731373 services in the various councils. The voluntary child care credentialing9
13741374 system must award credit for the education and training of persons10
13751375 working in early childhood care and education concerning the prevention11
13761376 of child sexual abuse. This education and training includes understanding12
13771377 healthy child development, creating safe environments for children,13
13781378 recognizing signs of abuse and problematic behaviors, and responsible14
13791379 methods of response to disclosures or concerns of abuse or potential15
13801380 abuse. The executive director shall promulgate such STATE BOARD SHALL16
13811381 ADOPT rules as are necessary for the statewide implementation of the17
13821382 voluntary child care credentialing system.18
13831383 SECTION 56. In Colorado Revised Statutes, 26.5-6-103, amend19
13841384 (1) and (2) as follows:20
13851385 26.5-6-103. Pathways to the classroom and retention strategies21
13861386 for early childhood educators - standards - alignment across agencies22
13871387 - report - rules. (1) The executive director shall promulgate STATE23
13881388 BOARD SHALL ADOPT rules establishing standards for licensing that allow24
13891389 an early care and education program to be licensed pursuant to part 3 of25
13901390 article 5 of this title 26.5 for a period of time determined by the executive26
13911391 director STATE BOARD, if a number, as specified in department rule, of27
13921392 SB25-119
13931393 -47- aspiring early childhood educators in the program are pursuing a1
13941394 state-agency-approved early childhood credential and other quality,2
13951395 safety, and supervision conditions are met.3
13961396 (2) The executive director shall promulgate STATE BOARD SHALL4
13971397 ADOPT rules that allow an early childhood educator to earn points toward5
13981398 an early childhood credential that meets child care licensing standards6
13991399 based on the candidate's prior experience and demonstrated competency.7
14001400 The licensing pathway must also include ways in which a candidate in a8
14011401 second career or changing careers can earn points or credits for prior9
14021402 experience and competencies that apply toward the qualifications for an10
14031403 early childhood educator credential. The standards and credential11
14041404 awarding process may use validated tools to award points for12
14051405 demonstrated competencies.13
14061406 SECTION 57. Effective date. This act takes effect upon passage;14
14071407 except that sections 4, 5, 6, 7, 8, 10, 12, 14, and 15 of this act take effect15
14081408 on June 1, 2026.16
14091409 SECTION 58. Safety clause. The general assembly finds,17
14101410 determines, and declares that this act is necessary for the immediate18
14111411 preservation of the public peace, health, or safety or for appropriations for19
14121412 the support and maintenance of the departments of the state and state20
14131413 institutions.21
14141414 SB25-119
14151415 -48-